IHRDA sues Gambia before African Court for violating citizens’ right to property

Banjul, 12 February 2020: The “Institute for Human Rights and Development in Africa”(IHRDA) and Gambian lawyer on 30 November 2019 filed a lawsuit against The Gambia before the African Court on Human and Peoples’ Rights, on behalf of three Gambians and the Kerr Mot Hali Community, concerning the violation of their right to property.

The three
Gambians and their people are inhabitants of Kerr Mot Hali Village, where
they were chased out of their homes and property by State security forces in
2009 on account of their religion, cultural and traditional practices. They
settled in neighboring Senegal and made several efforts to
return to their homes and properties in the Village, but intercepted by Gambia Police.
Thus, their homes and properties were wrongfully taken over by people unknown
to them. Due to the hostile political environment that prevailed at the time and
the fact that the Applicants and their people were forced to emigrate from
their village by State’s security agents, they could not seek redress before
judicial mechanisms in The Gambia. However, with the ousting of former
President Yahya Jammeh, the Applicants and their people returned to The Gambia
and instituted a civil suit in March 2017 at the High Court against Government,
claiming their ownership of the community land. Though the High Court decided
in favour of the Applicants in October 2017, The Gambia has taken no measure to
enforce the judgment. Thus, the Applicants are still unable to return to their
homes and properties in the said village, as the unlawful occupants are still
there.

The
plaintiffs allege that The Gambia is in violation of their right to
property, their right for their cause to be heard, as well the duty of the
State to guarantee the independence of the judiciary. These are rights and obligation
enshrined in the African Charter on Human and Peoples’ Rights, to which The
Gambia is party.

The
plaintiffs request the Court to declare The Gambia guilty of the above
violations, and to order The Gambia to take immediate measures to restore the
Applicants’ possession and total control of their properties at Kerr Mot Hali
village, as well as pay them general damages.